Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE
JOHN OTTENHEIMER

Minister
of Health and Community Services

Ordered
to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would revise the law
respecting the regulation of psychologists.

In particular, the Bill would
establish a clear separation between advocacy on behalf of the professional
group and the responsibility of the governing body of the professional group to
establish and enforce qualifications for licensure or registration in the
interest of the protection of the public.

The second principal focus of the
Bill is the establishment of a disciplinary regime that fully incorporates the
developed principles of administrative law respecting impartiality, fairness,
and the right to be heard.

A BILL

AN ACT RESPECTING THE REGISTRATION OF PSYCHOLOGISTS

Analysis

1.
Short title

2.
Definitions

3.
Board

4.
Appointment by minister

5.
Meetings

6.
Registrar

7.
Annual report

8.
Powers of board

9.
Duties of registrar

10.
Registration

11.
Provisional registration

12.
Registration altered

13.
Refusal to register

14.
Definitions

15.
Committees

16.
Allegation

17.
Effect of filing allegation

18.
Complaints authorization committee

19.
Adjudication tribunal

20.
Hearing

21.
Copies of books, etc. as evidence

22.
Guilty plea by respondent

23.
Powers of adjudication tribunal

24.
Filing and publication of decisions

25.
De-registration and suspension

26.
Failure to comply

27.
Reinstatement and readmission

28.
Expenses of occupational group

29.
Collection of fine

30.
Appeal to Trial Division

31.
Use of "psychologist"

32.
Offence

33.
Action prohibited

34.
By-laws

35.
Regulations

36.
Fees

37.
Amount of fees

38.
Use of money and audit

39.
Transition

40.
RSNL1990 cP-34 Rep.

Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:

Short title

1.This
Act may be cited as the Psychologists
Act, 2005.

Definitions

2.In
this Act

(a)"board" means the Newfoundland and
Labrador Psychology Board;

(b)"by-laws" means the by-laws made by
the board under section 34 and the Corporations Act;

(c)"director" means a person appointed
or elected to the board under section 3 or 4;

(d)"minister" means the minister
appointed under the Executive Council Act
to administer this Act; and

(e)"registered psychologist" means a
person whose name is on the register of psychologists and whose registration is
not suspended, cancelled or withdrawn.

Board

3.(1) The
Newfoundland Board of Examiners in Psychology is continued under the name
Newfoundland and Labrador Psychology Board as a corporation without share
capital for the purposes of Part XXI of the Corporations
Act.

(2)The board consists of

(a)5 directors elected from and by registered
psychologists in accordance with the by-laws;

(b)2 directors appointed under section 4 who are not registered psychologists; and

(c)the registrar of the board appointed under
section 6 who shall not have the right to vote.

(3)The board shall elect from among the directors
a chairperson.

(4)The chairperson shall chair all meetings of
the board and the annual general meeting required under section 5.

(5)A director may be elected for a term set by
the by-laws which shall not exceed 3 years and is eligible to be re-elected,
but shall not hold the office of director for more than 9 consecutive years.

(6)An elected director may resign the office of
director by written notice to the board.

(7)Where an elected director resigns, dies or
becomes incapable of performing the duties of a director, the remaining
directors shall appoint a replacement to serve until the next annual general
meeting.

Appointment by
minister

4.(1) The
minister shall appoint as directors 2 persons who are not registered
psychologists who are suitable to represent the public interest.

(2)A person appointed under subsection (1) holds
office for a term of 3 years and is eligible to be re-appointed.

(3)Where a person appointed under subsection (1)
holds office for a period of 9 consecutive years the person is not eligible for
appointment as a director until the expiration of 12 months from the end of the
year in which he or she was last a director.

(4)Where the term of office of a person appointed
under this section expires, he or she continues to be a director until
re-appointed or replaced.

(5)The board shall pay the expenses of a person
appointed to the board under this section in accordance with guidelines
established by the Lieutenant-Governor in Council.

(6)A person appointed under subsection (1) may be
removed from office by the minister before the expiration of his or her term of
office and no compensation shall be paid to him or her other than an amount
owing under subsection (5).

(7)A person appointed under subsection (1) may
resign from the board by written notice to the minister.

Meetings

5.(1) A
quorum of the board is 4 directors, one of whom is an appointed director.

(2)Except where prohibited in the by-laws, a
director may, where all the directors consent, participate in a meeting of the
board by means of the telephone or other telecommunication device that permits
all persons participating in the meeting to communicate with each other.

(3)Where a quorum under subsection (1) exists, a
majority of that number is sufficient to make a decision, and in the event of a
tie the chairperson of the meeting shall cast the deciding vote.

(4)The board shall hold, in accordance with the
by-laws, an annual general meeting of the registered psychologists at which

(a)the election for the board shall be held; and

(b)an auditor shall be appointed to audit the
accounts of the board and report on the financial statements prepared by the
board.

(5)The board may in its by-laws provide for
voting at a meeting of registered psychologists by mail or electronic means.

Registrar

6.The
board shall appoint a person to be the registrar, and the registrar is, by
virtue of his or her office, a non-voting director.

Annual report

7.(1) The
board shall prepare and submit to the minister before July 1

(a)a report on the activities of the board; and

(b)the board's audited financial statements.

(2)Where the board fails to comply with
subsection (1), the board is guilty of an offence and on summary conviction may
be fined $1,000.

Powers of board

8.The
board may

(a)acquire real or personal property by any
manner including by gift, devise, bequest or purchase and may sell, lease,
mortgage, alienate or otherwise charge or dispose of the property;

(b)borrow money and secure repayment of it by
debenture, bond, mortgage, deed of trust or other instrument that it considers
necessary or convenient; and

(c)make investments of its money in bonds,
debentures, mortgages, stocks, shares and other securities.

Duties of
registrar

9.(1) The
registrar is the secretary of the board and shall

(a)keep a record of the proceedings of the board;
and

(b)maintain a register containing the names of
the persons holding certificates of registration together with other information
that the board may require.

(2)The register of psychologists is, without
charge, open and subject to inspection at reasonable times.

Registration

10.(1) A
person may apply for registration under this Act where he or she

(a)holds a doctoral degree or master's degree in
psychology from an educational institution approved by the board, or the
equivalent in content and training that is acceptable to the board;

(b)has

(i)where the applicant holds a doctoral degree or
the equivalent in content and training that is acceptable to the board, at
least one year of professional experience, or

(ii)where the applicant holds a master's degree or
the equivalent in content and training that is acceptable to the board, at
least 2 years of professional experience,

in the field of psychology acceptable to the
board that was obtained after the degree or equivalent referred to was completed
and, in case of an applicant holding a master's degree or equivalent, that was
supervised to the satisfaction of the board; and

(c)has passed the examination as prescribed in
the regulations.

(2)An application for registration shall be
approved where the applicant

(a)meets the requirements set out in subsection
(1);

(b)has obtained professional liability coverage
in a form and amount satisfactory to the board; and

(c)has paid the registration fee set by the
board.

(3)The registrar shall issue an annual
certificate of registration on approval of an application which shall expire on
December 31 of the year for which it is issued.

(4)A registered psychologist may apply for a
renewal of his or her annual certificate and where he or she meets the
requirements of subsection (2) the registrar shall issue an annual certificate
under subsection (3).

Provisional
registration

11.(1) The
board may register a person on a provisional basis after being reasonably
satisfied that the person has met the requirements for registration in section 10 except those referred to in paragraphs 10(1)(b) and (c).

(2)Provisional registration may be subject to the
terms, conditions and limitations that may be set out by the board, including those
respecting professional supervision and the specific location for which the registration
is valid.

(3)Provisional registration is valid for one year
unless a shorter period is provided for by the board and the board may, on application,
renew a provisional registration.

(4)Notwithstanding section 31, a person provisionally registered may, subject to
the terms, conditions and limitations set by the board under subsection (2),
use the designation "psychologist".

Registration
altered

12.Where
the registration of a psychologist is cancelled, suspended, withdrawn or
reinstated, the registrar shall enter on the register of psychologists the date
and circumstances and the cancellation, suspension, withdrawal or reinstatement
is effective from that date of entry.

Refusal to
register

13.(1) A
person who is refused registration on the register of psychologists may within
30 days after receiving notice of the decision or order, appeal the refusal to
the Trial Division by filing a notice of appeal with the Registrar of the
Supreme Court.

(2)An appeal under this section does not stay the
decision or order being appealed unless the Trial Division orders otherwise.

Definitions

14.In
this section and sections 15 to 30,

(a)"allegation" means a written
document alleging that a person has engaged in conduct deserving of sanction;

(b)"complainant" means a person making
an allegation described in section 16;

(c)"conduct deserving of sanction"
includes

(i)professional misconduct,

(ii)professional incompetence,

(iii)conduct unbecoming a psychologist, and

(iv)acting in breach of this Act, the regulations
or the code of ethics made under section 34;

(d)"costs incurred by the board"
includes

(i)out of pocket expenses incurred by or on
behalf of the board,

(ii)amounts paid by the board to adjudication tribunal
members as remuneration and for expenses, and

(iii)the actual cost of legal counsel for the board
and the adjudication tribunal;

(e)"disciplinary panel" means the panel
of persons appointed under section 15 from
which the members of an adjudication tribunal are chosen; and

(f)"respondent" means a registered
psychologist, or a former registered psychologist, against whom an allegation is
made.

Committees

15.(1) The
board shall appoint the chairperson, vice-chairperson and members of the
complaints authorization committee, and the registered psychologists who will
serve on the disciplinary panel, one of whom shall be appointed the chairperson.

(2)The complaints authorization committee shall
consist of at least 3 persons, all of whom shall be directors, and at least one
of whom shall be a director who was appointed by the minister.

(3)The registrar is not eligible to be a member
of the complaints authorization committee.

(4)The disciplinary panel shall consist of not
less than 10 registered psychologists who are not directors and not less than 3
persons who are not registered psychologists who shall be appointed by the
minister to represent the public interest.

(5)Of the members first appointed to the
disciplinary panel, one half shall be appointed for a term of 2 years and the
remainder for a term of 3 years and all subsequent appointments of members to
the disciplinary panel shall be for a term of 3 years.

(6)Notwithstanding the expiry of his or her term,
a member of the disciplinary panel continues to be a member until he or she is
re-appointed or his or her replacement is appointed.

(7)Persons appointed to the disciplinary panel
may be reappointed.

(8)Members of the disciplinary panel shall serve
on the panel without payment for their services, but may be remunerated for
services as a member of an adjudication tribunal and paid their travel and
other expenses associated with the work of that tribunal by the board, in accordance
with and at the rates set by the by-laws.

(9)The complaints authorization committee and an
adjudication tribunal appointed under section 19
and a person appointed by either of them may summon a respondent or other
person and require the respondent or other person to give evidence, orally or
in writing, upon oath or affirmation, and produce the documents and things that
either of them considers necessary to the full investigation and hearing of an
allegation or complaint and shall have the powers, privileges and immunities
that are conferred on a commissioner appointed under the Public Inquiries Act.

Allegation

16.(1) An
allegation shall be in writing and signed by the complainant or his or her solicitor,
and filed with the registrar.

(2)The registrar may on his or her own motion
make an allegation and file it, and the allegation shall have the same effect
as an allegation referred to in subsection (1).

(3)Where the registrar has been informed that a
respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute
of another country or has been suspended by a governing body of psychologists
in another province or territory of Canada or another territory or country for
reason of professional misconduct, conduct unbecoming a psychologist or
professional incompetence, the information shall be dealt with by the registrar
as an allegation.

(4)For the purpose of subsection (3), a certified
copy of the record of a conviction or findings made or the action taken by an
external regulatory body constitutes proof, in the absence of evidence to the
contrary, of the conviction or findings made or the action taken by that body,
without proof of the signature of the convicting justice or person purporting
to have signed on behalf of that body.

Effect of filing
allegation

17.(1) Where
it appears to the registrar, after notifying the respondent of the allegation,
that the allegation may be resolved satisfactorily and where the complainant
and the respondent consent, the registrar may attempt to resolve the matter.

(2)Where the allegation is not satisfactorily
resolved by the registrar under subsection (1), the registrar shall refer the
allegation and all other allegations to the complaints authorization committee.

(3)The registrar shall inform a complainant and a
respondent of the referral of the allegation to the complaints authorization committee.

Complaints authorization
committee

18.(1) After
an allegation has been submitted to the complaints authorization committee, the
committee may exercise one or more of the following powers:

(a)refer the allegation back to the registrar for
an investigation or alternative dispute resolution in accordance with the regulations;

(b)conduct an investigation itself or appoint a
person to conduct an investigation on its behalf; and

(c)require
the respondent to appear before it.

(2)Where the complaints authorization committee
is of the opinion there are no reasonable grounds to believe the respondent has
engaged in conduct deserving of sanction, the committee shall dismiss the
allegation and give notice in writing of the dismissal to the complainant.

(3)Where the complaints authorization committee
is of the opinion that there are reasonable grounds to believe that a
respondent has engaged in conduct deserving of sanction, the allegation shall
be considered as constituting a complaint, and the committee may

(a)counsel or caution the respondent; or

(b)instruct the registrar to file the complaint
against the respondent and refer it to the disciplinary panel; and

(c)recommend to the board that

(i)the respondent's practice be suspended or
restricted, or

(ii)the registrar conduct an investigation of the
respondent's practice, and where the board approves an investigation the
registrar shall conduct it,

at any time before a final determination by
the adjudication tribunal.

(4)A person conducting an investigation under
paragraph (1)(a), (b) or subparagraph (3)(c)(ii) may

(a)require a respondent to

(i)undergo an examination or assessment he or she
considers necessary and as arranged by the registrar or the board, and

(ii)permit the registrar or a director or another
person appointed by the board to inspect and copy the records of the respondent
and other documents relating to the subject matter of the investigation; and

(b)require another person to permit the registrar
or a director or another person appointed by the board to inspect and copy records
and other documents relating to the subject matter of the investigation held by
that person,

and the respondent or other person shall
comply.

(5)Where the registrar, a director or another
person requires that a respondent or another person provide information under
subsection (4), that information shall be provided within 7 days or a different
period as specified.

(6)An action for damages does not lie against a
registered psychologist or another person to whom a request is made solely
because he or she provides information requested of him or her under subsection
(4).

(7)Where the complaints authorization committee
recommends to the board that a respondent's practice be suspended, restricted
or investigated the board may

(a)decide not to act on the recommendation; or

(b)suspend, restrict or investigate the
respondent's practice.

(8)A complainant whose allegation is dismissed by
the complaints authorization committee under subsection (2) may within 30 days
after receiving notice of the dismissal, appeal the dismissal to the Trial
Division by filing a notice of appeal with the Registrar of the Supreme Court.

(9)Subsections (4), (5) and (6) apply to the
Crown.

Adjudication tribunal

19.(1) For
the purpose of dealing with complaints referred to the disciplinary panel, the
chairperson of the disciplinary panel shall appoint from it an adjudication
tribunal consisting of 3 persons, of whom 2 shall be registered psychologists
and one shall represent the public interest.

(2)The chairperson of the disciplinary panel
shall appoint one of the registered psychologists on an adjudication tribunal
to be the chairperson.

Hearing

20.(1) Where
a complaint has been referred under paragraph 18(3)(b),
an adjudication tribunal shall hear the complaint.

(2)The parties to a hearing are the board and the
respondent and a party may be represented by his or her counsel at a hearing.

(3)A hearing shall be conducted in public but an
adjudication tribunal may exclude the public from a hearing, or from part of
it, where it considers the desirability of protecting a party to the complaint
or another person against the consequences of possible disclosure of personal
matters outweighs the desirability of holding the hearing in public.

Copies of books,
etc. as evidence

21.A
copy or extract of a book, record, document or thing certified by

(a)a member of the complaints authorization
committee; or

(b)a person authorized under subsection 18(4) to conduct an inspection,

who made the copy or extract under
subsection 18(4) is admissible in evidence in
an action, proceeding or prosecution, in the absence of evidence to the
contrary, as evidence of the original book, record, document or thing and its
contents.

Guilty plea by
respondent

22.(1) Where
a respondent pleads guilty to one or more of the charges set out in a
complaint, the adjudication tribunal shall, without calling evidence or hearing
witnesses, unless the tribunal believes it is appropriate to do so, hear
submissions from the parties.

(2)Where a respondent pleads guilty, and
following submissions under subsection (1), the adjudication tribunal may

(a)reprimand the respondent;

(b)order that the respondent be suspended for a
fixed period that it considers appropriate, until conditions which it may
impose are fulfilled, or until further order of the adjudication tribunal;

(c)allow or direct the respondent to withdraw his
or her registration upon those conditions that may be considered appropriate
and strike the respondent's name from the register;

(d)impose a fine not to exceed $10,000;

(e)order that the respondent pay the costs or a
part of the costs incurred by the board in the investigation and hearing of the
complaint;

(f)order that the registrar publish a summary of
the decision including the information set out in subsection 24(4) and other information that the tribunal may
specify; and

(g)order that the respondent comply with one or
more of the following:

(i)make restitution to the complainant or other
person affected by the conduct of the respondent,

(ii)obtain medical treatment,

(iii)obtain counselling,

(iv)obtain substance abuse counselling or
treatment, until the respondent can demonstrate to the board or other body or
person designated by the adjudication tribunal that a condition related to substance
abuse rendering the respondent incapable or unfit to practise has been overcome,

(v)engage in continuing education programs,

(vi)complete a course of studies or obtain
supervised clinical experience, or both, to the satisfaction of the board or another
body or person designated by the adjudication tribunal,

(vii)report on his or her compliance with an order
made under this section and authorize others involved with his or her treatment
or supervision to report on it,

(viii)restrict his or her professional practice or
continue his or her practice under specified conditions,

(ix)permit periodic inspections of his or her
practice,

(x)permit periodic inspection of records relating
to his or her practice, or

(xi)impose other requirements that are just and
reasonable in the circumstances.

(3)The costs incurred by the board to ensure the
compliance of a respondent with an order or direction of an adjudication
tribunal under this section shall be borne by the respondent.

Powers of adjudication
tribunal

23.(1) Upon
the hearing of a complaint, an adjudication tribunal shall decide whether or
not a respondent is guilty of conduct deserving of sanction.

(2)Where an adjudication tribunal decides that a
respondent is not guilty, it shall dismiss the complaint and may, where it
believes that the submission of the complaint to the tribunal for a hearing was
unreasonable,

(a)order that those costs that the tribunal
considers appropriate be paid by the board to the respondent; and

(b)make another order that it considers
appropriate.

(3)Where an adjudication tribunal decides that a
respondent is guilty, it may

(a)reprimand the respondent;

(b)order that the respondent be suspended for a
fixed period that it considers appropriate, until conditions which it may
impose are fulfilled, or until further order of the adjudication tribunal;

(c)allow or direct the respondent to withdraw his
or her registration upon those conditions that may be considered appropriate
and strike the respondent's name from the register;

(d)impose a fine not to exceed $10,000;

(e)order that the respondent pay the costs or a
part of the costs incurred by the board in the investigation and hearing of the
complaint;

(f)order that the registrar publish a summary of
the decision including the information set out in subsection 24(4) and other information that the tribunal may
specify; and

(g)order that the respondent comply with one or
more of the following:

(i)make restitution to the complainant or other
person affected by the conduct of the respondent,

(ii)obtain medical treatment,

(iii)obtain counselling,

(iv)obtain substance abuse counselling or
treatment, until the respondent can demonstrate to the board or other body or
person designated by the adjudication tribunal that a condition related to
substance abuse rendering the respondent incapable or unfit to practise has
been overcome,

(v)engage in continuing education programs,

(vi)complete a course of studies or obtain
supervised clinical experience, or both, to the satisfaction of the board or
other body or person designated by the adjudication tribunal,

(vii)report on his or her compliance with an order
made under this section and authorize others involved with his or her treatment
or supervision to report on it,

(viii)restrict his or her professional practice or
continue his or her practice under specified conditions,

(ix)permit periodic inspection of his or her
practice,

(x)permit periodic inspection of records relating
to his or her practice, or

(xi)impose other requirements that are just and
reasonable in the circumstances.

(4)The costs incurred by the board to ensure the
compliance of a respondent with an order or direction of an adjudication
tribunal under this section shall be borne by the respondent.

Filing and publication
of decisions

24.(1) An
adjudication tribunal shall file a decision or order made under subsection 22(2) or 23(3) with
the registrar and provide a copy to the complainant and the respondent and the
respondent's employer.

(2)The registrar shall maintain a copy of a
decision or order filed under subsection (1) for a minimum of 5 years after the
day the decision is filed and shall upon receiving a request to view the
disciplinary records in relation to a registered psychologist permit a person
to view a summary of a decision where that registered psychologist was the
respondent, prepared in accordance with subsection (4).

(3)The registrar shall publish a summary of a
decision or order of an adjudication tribunal in a newspaper of general
circulation in or nearest to the community in which the respondent practises
within 14 days of the filing of the decision or order, where the decision or
order

(a)suspends the respondent;

(b)allows or directs the respondent to withdraw
his or her registration;

(c)restricts the respondent's practice;

(d)specifies conditions for the continuing
practice of the respondent; or

(e)requires that a summary of the decision or
order be published.

(4)The summary of the decision published under
subsection (3) shall include

(a)the name of the respondent and the address
where he or she practises;

(b)the date, location and a brief description of
the conduct of the respondent that was found to be deserving of sanction;

(c)the name of the complainant, unless the
complainant has requested that his or her name be withheld;

(d)the contents of the order in relation to the
actions referenced in paragraphs (3)(a) to (d); and

(e)other information specified for publication in
the decision or order.

(5)Where a decision published under this section
is varied or set aside, the registrar shall within 14 days of the filing of the
subsequent decision or order publish a summary of the decision or order and
subsections (3) and (4) apply, with the necessary changes.

De-registration
and suspension

25.(1) Where
a respondent is struck off the register or is permitted to surrender his or her
certificate of registration, his or her rights and privileges as a registered
psychologist cease.

(2)Where a respondent is suspended, his or her
rights and privileges as a registered psychologist cease for the period of suspension.

(3)Where conditions or restrictions have been
imposed upon a respondent's ability to carry on his or her practice, his or her
rights and privileges as a registered psychologist shall be limited to the
extent specified by the conditions or restrictions.

Failure to comply

26.(1) On
application by the board to the disciplinary panel, an adjudication tribunal
may make an order suspending the rights and privileges of a respondent where it
determines that the respondent has failed to comply with a decision or an order
under sections 14 to 30.

(2)The parties to the application are the board
and the respondent.

(3)An order of an adjudication tribunal under
this section may suspend the rights and privileges of the respondent for a
fixed period that the adjudication tribunal may consider appropriate, or until
conditions which it may impose are fulfilled, or until further order of the
adjudication tribunal.

Reinstatement and
readmission

27.(1) Where
a decision or order of the adjudication tribunal

(a)suspends the respondent;

(b)allows or directs the respondent to withdraw
his or her registration;

(c)restricts the respondent's practice; or

(d)specifies conditions for the continuing
practice of the respondent,

and where the respondent alleges that new
evidence has become available or a material change in circumstances has
occurred since the making of the decision or order, the respondent may apply to
the complaints authorization committee for a supplementary hearing to discharge
or vary the decision or order based on the new evidence or material change in
circumstances.

(2)An application under subsection (1) shall be
made not more than 90 days after the new evidence becomes available or the
material change in circumstances has occurred.

(3)Where an application is made to the complaints
authorization committee under subsection (1), and the committee is of the opinion
that new evidence has become available or that a material change in
circumstances has occurred, as alleged by a respondent, the matter shall be
referred to the disciplinary panel as if it were a matter referred under
paragraph 18(3)(b) and sections 20 to 25 apply, with
the necessary changes, to the referred matter.

(4)The parties to a supplementary hearing under
this section are the respondent and the board.

(5)For the purpose of this section, in addition
to an order that an adjudication tribunal may make under section 23, a tribunal may

(a)vary the original decision or order made under
section 23; or

(b)discharge the original decision or order, with
or without conditions.

Expenses of occupational
group

28.(1) Where
a person who was ordered to pay the costs of the board under paragraph 22(2)(e) or 23(3)(e)
fails to pay in the time required, the board may suspend the registration of
that person until the costs are paid.

(2)Costs ordered to be paid under paragraph 22(2)(e) or 23(3)(e)
are a debt due the board and may be recovered by the board by a civil action.

Collection of
fine

29.(1) Where
an order is made under section 22 or 23 imposing a fine on a respondent, the board may
issue a certificate stating the amount of the fine due and remaining unpaid and
the name of the person by whom it is payable, and file the certificate with the
Registrar of the Supreme Court.

(2)
Where a certificate is filed with the
Registrar of the Supreme Court under subsection (1), it has the same effect and
all proceedings may be taken on the certificate as if it were a judgment of the
Trial Division for the recovery of the amount stated in the certificate against
the person named in the certificate.

(3)A person named in a certificate filed under
this section may, within 30 days after the certificate is filed, apply to a
judge of the Trial Division for a review, on a question of law or jurisdiction,
of the certificate.

(4)On an application under subsection (3), the
judge may make an amendment to the certificate that is necessary to make the
certificate accord with the judge's decision.

(5)There is no appeal from a decision of a judge
made under this section.

(6)A certificate filed under this section may
also be filed in the judgment enforcement registry on the expiration of the 30
day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced
in accordance with that Act.

Appeal to Trial
Division

30.(1) The
board or the respondent may, within 30 days after receiving notice of a
decision or order of an adjudication tribunal under this Act, appeal the
decision or order to the Trial Division by filing a notice of appeal with the
Registrar of the Supreme Court.

(2)An appeal under this section does not stay the
decision or order being appealed unless the Trial Division orders otherwise.

Use of
"psychologist"

31.(1) A
registered psychologist may use the designation "psychologist".

(2)A person other than a registered psychologist
who holds himself or herself out to the public by a title or description of
services as a psychologist or as a person who practices psychology is guilty of
an offence.

(3)Subsection (2) does not apply to students of
psychology, interns of psychology or professors of psychology while carrying
out their teaching and research duties, so long as they use a title or description
of services that clearly indicates their student, intern, or professor status.

Offence

32.A
person who knowingly by false declaration or representation obtains or attempts
to obtain registration under this Act for himself or herself or another person
is guilty of an offence.

Action prohibited

33.An
action for damages shall not lie against the board, disciplinary panel,
adjudication tribunal or the individual members of those bodies, an
investigator appointed under this Act, the registrar, or an officer or employee
of the board for

(a)an act or failure to act, or a proceeding
initiated or carried out in good faith under this Act, or carrying out their
duties or obligations as an officer, employee or member under this Act; or

(b)for a decision or order made or enforced in
good faith under this Act.

By-laws

34.(1)
The board may make by-laws

(a)providing for the holding and procedure of its
meetings;

(b)providing for the election of directors and
setting terms of office;

(c)providing for voting at a meeting of
registered psychologists by mail or electronic means;

(d)respecting the participation of directors at a
meeting of the board by telephone or other telecommunications device under
section 5;

(e)establishing a code of ethics which may
include a definition of "professional misconduct" and "conduct
unbecoming a psychologist" for the purposes of sections 14 to 30;

(f)respecting procedures respecting applications
for registration on the register of psychologists;

(g)respecting the issuing and renewal of
certificates of registration;

(h)respecting the suspension or cancellation of
the registration of registered psychologists for the non-payment of fees;

(i)respecting the reinstatement of registered
psychologists whose registration has been suspended, cancelled or allowed to
lapse for reasons unrelated to discipline;

(j)respecting the payment of the travel and other
expenses of elected directors;

(k)setting the rates of remuneration for members
of an adjudication tribunal;

(l)respecting the duties and remuneration of the
registrar and persons employed by the board;

(m)respecting the appointment of committees and
the duties and powers of committees; and

(n)generally to assist in the administration of
this Act and the regulations.

(2)The board shall have its by-laws available for
inspection by the public on reasonable notice and at reasonable hours.

Regulations

35.(1) The
board may make regulations, with the approval of the minister,

(a)respecting the examination of applicants for
registration on the register of psychologists;

(b)respecting a program of continuing education
for registered psychologists;

(c)respecting alternative dispute resolution for
the purposes of sections 14 to 30 and the procedure for that resolution;

(d)prescribing time limits for events in the
disciplinary process in sections 14 to 30, including time limits for

(i)the filing of an allegation,

(ii)the resolution of an allegation by the
registrar,

(iii)the conduct of an investigation under section 18,

(iv)consideration of an allegation by the
complaints authorization committee following completion of an investigation,

(v)responding to a complainant and respondent at
each stage of the process,

(vi)the conduct of a practice investigation under
subparagraph 18(3)(c)(ii),

(vii)the appointment of an adjudication tribunal
under section 19, and

(viii)the conduct of a hearing and the filing of a
decision or order by an adjudication tribunal following completion of the
hearing;

(e)respecting the designation of areas of
competence of registered psychologists and their use of special titles for
those areas; and

(f)generally to give effect to the purpose of
this Act.

(2)Notwithstanding subsection (1), the minister
may make regulations to prescribe time limits for events in the disciplinary
process under sections 14 to 30 where the board does not do so in a time period
the minister considers reasonable.

Fees

36.The
board may set fees for the purposes of this Act.

Amount of fees

37.In
prescribing the amount of fees under section 36
the board shall ensure that the level of the fees is sufficient to provide it
with the income necessary to discharge its functions and duties under this Act.

Use of money and
audit

38.Money
received by the board shall be applied by the board in the discharge of its
functions and duties under this Act.

Transition

39.(1) The
members of the Newfoundland Board of Examiners in Psychology on the day this
Act comes into force are continued as directors until an election is held under
section 5.

(2)An election to elect the 5 directors referred
to in paragraph 3(2)(a) shall be held within 12
months after the day this Act comes into force.

(3)The minister shall make appointments under
section 4 within 30 days of the election held
under subsection (2).